PRINTER'S NO. 832
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
764
Session of
2015
INTRODUCED BY McILHINNEY, BREWSTER, ALLOWAY, BROOKS, RAFFERTY,
WILEY, WOZNIAK, MENSCH, BOSCOLA, ARGALL, VULAKOVICH, LEACH,
TOMLINSON AND HAYWOOD, MAY 1, 2015
REFERRED TO JUDICIARY, MAY 1, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in wiretapping and electronic
surveillance, further providing for exceptions to prohibition
of interception and disclosure of communications.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5704(16) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 5704. Exceptions to prohibition of interception and
disclosure of communications.
It shall not be unlawful and no prior court approval shall be
required under this chapter for:
* * *
(16) A law enforcement officer, whether or not certified
under section 5724 (relating to training), acting in the
performance of his official duties to intercept and record an
oral communication between individuals in accordance with the
following:
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[(i) At the time of the interception, the oral
communication does not occur inside the residence of any
of the individuals.
(ii)] (i) At the time of the interception, the law
enforcement officer:
(A) is in uniform or otherwise clearly
identifiable as a law enforcement officer;
(B) is in close proximity to the individuals'
oral communication; and
(C) is using an electronic, mechanical or other
device which has been approved under section 5706(b)
(4) (relating to exceptions to prohibitions in
possession, sale, distribution, manufacture or
advertisement of electronic, mechanical or other
devices) to intercept the oral communication[; and
(D) informs, as soon as reasonably practicable,
the individuals identifiably present that he has
intercepted and recorded the oral communication].
[(iii)] (ii) As used in this paragraph, the term
"law enforcement officer" means a member of the
Pennsylvania State Police or an individual employed as a
police officer who holds a current certificate under 53
Pa.C.S. Ch. 21 Subch. D (relating to municipal police
education and training).
(iii) Evidentiary disclosure of the contents of any
wire, electronic or oral communication secured in
violation of this subsection shall be subject to the
provisions of section 5721.1 (relating to evidentiary
disclosure of contents of intercepted communication or
derivative evidence).
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* * *
Section 2. This act shall take effect in 60 days.
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